NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 04 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 08-10469
Plaintiff - Appellee, D.C. No. 2:06-cr-00341-RCJ
v. MEMORANDUM *
JOSE ANTONIO RANGEL-AGUILLAR,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Jose Antonio Rangel-Aguillar appeals from his guilty-plea conviction and
150-month sentence for possession of a controlled substance with intent to
distribute and aiding and abetting, in violation of 21 U.S.C. § 841(a)(1),
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
SR/Research
(b)(1)(A)(viii) and 18 U.S.C. § 2. Pursuant to Anders v. California, 386 U.S. 738
(1967), Rangel-Aguillar’s counsel has filed a brief stating there are no grounds for
relief, along with a motion to withdraw as counsel of record. We have provided
the appellant with the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
However, we remand for the limited purpose of correcting the judgment to
identify the counts of conviction as count 2.
Counsel’s motion to withdraw is GRANTED, the conviction and sentence
are AFFIRMED, and the case is REMANDED for the limited purpose of
correcting the judgment.
SR/Research 2 08-10469